Legal Question in Criminal Law in Arizona
Possession of a dangerous drug
I want to know what will happen at my preliminary hearing?
Asked on 12/20/00, 8:02 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Possession of a dangerous drug
A preliminary hearing is a judge-presided court proceeding to determine whether or not there is probable cause to bind the defendant over to the next court for trial on the criminal charges against him.
The prosecution puts on only that amount of evidence which it feels will demonstrate probable cause that a crime has been committed and that the defendant was the one who committed it.
There is no finding of guilt in a preliminary hearing, and proof beyond a reasonable doubt is not required.
Seldom is a case dismised at the preliminary hearing - usually the defendant is bound over for trial.
Answered on 12/28/00, 10:44 pm
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